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8/9/2019 Answer Ahmed
http://slidepdf.com/reader/full/answer-ahmed 1/4
STATE OF NEW YORKSUPREME COURT : COUNTY OF ERIE
__________________________________________
PHILLIP A. DELMONT, as Administrator
for the Estate of WILLIAM A. DELMONT,
Plaintiff,
v.
SOUTH PARK AVE. PROPERTIES, LLC,G. STEVEN PIGEON,JOHN F. O’DONNELL, JR., andSADEQ S. AHMED,
Defendants. __________________________________________
ANSWER TO COMPLAINT
Index No.: 811246/2014
Defendant, Sadeq S. Ahmed, by his attorneys, Phillips Lytle LLP, answering
the complaint of plaintiff, Phillip A. Delmont, as Administrator of the Estate of William A.
Delmont (“Plaintiff”), upon information and belief:
1. Denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph numbered 1 of the complaint.
2. Denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph numbered 2 of the complaint.
3. Denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph numbered 3 of the complaint.
4.
Admits the allegation contained in paragraph numbered 4 of the
complaint.
5. In response to paragraph 5 of the complaint, states that such paragraph
consists of conclusions of law to which no response is required.
ILED: ERIE COUNTY CLERK 02/09/2015 04:15 PM INDEX NO. 811246/
YSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/09/
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6. In response to paragraph 6 of the complaint, states that such paragraph
consists of conclusions of law to which no response is required.
7. In response to paragraph 7 of the complaint, states that such paragraph
consists of conclusions of law to which no response is required and refers to the document
for its terms.
8. In response to paragraph 8 of the complaint, states that such paragraph
consists of conclusions of law to which no response is required and refers to the document
for its terms.
9.
Denies the allegations contained in paragraph numbered 9 of the
complaint.
10. Denies knowledge and information sufficient to form a belief as to the
truth of the allegations contained in paragraph numbered 10 of the complaint except
admits that he signed a guaranty dated as of October 22, 2010 and refers to the guaranty for
its terms.
11. In response to paragraph 11 of the complaint, states that such
paragraph consists of conclusions of law to which no response is required.
12. In response to paragraph 12 of the complaint, states that such
paragraph consists of conclusions of law to which no response is required.
13. Denies the allegations contained in paragraph numbered 13 of the
complaint.
14. Denies all other allegations not admitted above.
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FIRST DEFENSE
15. The complaint fails to state a cause of action.
SECOND DEFENSE
16. Plaintiff has failed to mitigate its alleged damages, if any.
THIRD DEFENSE
17. Plaintiff’s claim is barred by the doctrines of waiver, estoppel, laches,
unclean hands and/or failure of consideration.
FOURTH DEFENSE
18.
Plaintiff has no legal capacity to sue for the claims alleged in the
complaint.
FIFTH DEFENSE
19. Plaintiff is not the real party in interest concerning the claims alleged
in the complaint.
SIXTH DEFENSE
20. Plaintiff has failed to comply with one or more conditions precedent.
SEVENTH DEFENSE
21. The defendants were released from any liability resulting from the
claim alleged in the complaint.
EIGHTH DEFENSE
22.
The damages alleged in the complaint, if any, were, or with reasonable
certainty will be, satisfied in whole or in part by collateral sources.
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